ARGENTINA
Since April 2025
Pillar Quantitative trade restrictions for ICT goods and online services |
Indicator Other import restrictions, including non-transparent/discriminatory import procedures
Communication “A” 8226 (Comunicación “A” 8226)
Under Argentina’s foreign-exchange regime, importers are subject to conditions for accessing the official foreign-exchange market to make payments for imported goods, including, in certain cases, prior approval from the Central Bank of Argentina (Banco Central de la República Argentina, BCRA). Communication “A” 8226, effective from 14 April 2025, eliminated the waiting period for payments for goods already registered with customs, allowing importers to access the official foreign-exchange market from the date of customs registration. However, payments made before customs registration generally remain subject to prior BCRA approval unless they fall within specified exceptions. Communication “A” 8226 also broadened those exceptions, including for certain payments made by Micro, Small and Medium-sized Enterprises (MiPyMEs) and for capital goods.
Coverage Mobile phones and other electronic products
ARGENTINA
Reported in 2022, last reported in 2025
Pillar Technical standards applied to ICT goods and online services |
Indicator Self-certification for product safety
Supplier Declaration of Conformity not allowed for foreign businesses
It is reported that self‑certification is not permitted in Argentina for radio transmission, electromagnetic interference (EMI), or electromagnetic compatibility (EMC). Equipment must be tested by accredited domestic laboratories. Although foreign test reports are not accepted, they may nonetheless help to expedite the approval process. Testing and certification are required for most telecommunications terminal equipment and radio‑frequency devices. It is further reported that ENACOM (National Communications Entity) issued Resolution 2/2022, as a result of which, from February 2022 onwards, all WWAN devices must be tested locally.
Coverage Electronic products
Sources
- https://web.archive.org/web/20260116230859/https://www.tuvsud.com/en/services/product-certification/global-market-access/argentina
- https://web.archive.org/web/20250112211729/https://www.nemko.com/blog/argentina-requiring-in-country-testing-of-wireless-network-equipment
- https://approve-it.net/argentina-enacom-to-require-local-testing-for-wwan-devices/
- https://www.enacom.gob.ar/multimedia/normativas/2022/res2.pdf
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ARGENTINA
Since November 2024
Pillar Online sales and transactions |
Indicator Limits on e-commerce purchases
General Resolution No. 5608/2024 (Resolución General No. 5608/2024)
Pursuant to Annex II of General Resolution No. 5608/2024, consignments classified as small shipments and addressed to natural or legal persons shall comply with the following conditions: they must comprise no more than three units of the same type; the weight of each package shall not exceed 50 kilograms, irrespective of the aggregate weight of the consignment; the declared value of the shipment shall not exceed USD 3,000; and the goods shall not be intended for commercial purposes. Also, such shipments may only be utilised up to five times per calendar year per person.
Coverage Electronic commerce
ARGENTINA
Since December 2024
Pillar Online sales and transactions |
Indicator Restrictions on online payments
General Resolution No. 5,617/2024 (Resolución General No. 5617/2024)
From 19 December 2024, General Resolution No. 5617/2024 established a 30% advance tax payment on certain foreign transactions made by Argentine residents. Under Art. 1(b)–(c), the charge applies to purchases of foreign goods and services paid through credit, purchase, or debit cards and equivalent payment methods, including online and other distance purchases in foreign currency, cash withdrawals abroad, and payments for services supplied by non-residents.
Under Art. 3, the measure applies to resident individuals, legal persons, and other responsible persons carrying out the covered transactions. Art. 6 sets the rate at 30% of the amount expressed in Argentine pesos, while Art. 7 treats the charge as an advance payment of income tax or personal assets tax. For card transactions, it applies to cardholders, users, additional cardholders, and beneficiaries of card extensions. The law did not repeal Law No. 27,541; rather, it maintained the separate advance-payment regime after the PAIS tax established by that Law expired on 22 December 2024.
Under Art. 3, the measure applies to resident individuals, legal persons, and other responsible persons carrying out the covered transactions. Art. 6 sets the rate at 30% of the amount expressed in Argentine pesos, while Art. 7 treats the charge as an advance payment of income tax or personal assets tax. For card transactions, it applies to cardholders, users, additional cardholders, and beneficiaries of card extensions. The law did not repeal Law No. 27,541; rather, it maintained the separate advance-payment regime after the PAIS tax established by that Law expired on 22 December 2024.
Coverage Electronic payments
ARGENTINA
Since November 2017, entry into force in February 2019
Pillar Cross-border data policies |
Indicator Local storage requirement
Communication A 6354 (Comunicación “A” 6354)
Section 2.2.6 of the Annex to Communication A 6354 of the Central Bank of Argentina (BCRA) delineates the data that must be retained within the national territory when financial institutions decentralise and outsource information technology services. Specifically, financial entities are required to store in the country the original accounting books and records, files containing the information provided, documents signed by clients, debtors' files and associated documents, as well as guarantees supporting the financing granted.
Coverage Financial sector
ARGENTINA
Since October 2000
Since November 2001
Since November 2016, last amended in February 2019
Since December 2018
Since October 2023
Since November 2001
Since November 2016, last amended in February 2019
Since December 2018
Since October 2023
Pillar Cross-border data policies |
Indicator Conditional flow regime
Law No. 25.326 on Personal Data Protection (Ley No. 25.326 de Protección de los Datos Personales)
Decree No. 1558/2001 - Regulations of Law No. 25.326 (Decreto No. 1558/2001 - Reglamentación de la Ley No. 25.326)
Regulation No. 60-E/2016 (Disposición No. 60-E/2016)
Regulation No. 159/2018 (Resolución No. 159/2018)
Regulation No. 198/2023 (Resolución No. 198/2023)
Decree No. 1558/2001 - Regulations of Law No. 25.326 (Decreto No. 1558/2001 - Reglamentación de la Ley No. 25.326)
Regulation No. 60-E/2016 (Disposición No. 60-E/2016)
Regulation No. 159/2018 (Resolución No. 159/2018)
Regulation No. 198/2023 (Resolución No. 198/2023)
Under Art. 12 of the Personal Data Protection Law and Art. 12 of its implementing Regulations, Argentina prohibits the transfer of personal data to countries or international entities that do not guarantee an adequate level of protection. Exceptions apply in specific circumstances, including international judicial cooperation, healthcare purposes or anonymised data for epidemiological studies, financial transactions, compliance with international treaties, cooperation between intelligence agencies in combating organised crime and terrorism, and where the data subject has provided explicit consent. Art. 3 of Regulation No. 60-E/2016 provides a list of jurisdictions deemed adequate, which includes EU and EEA Member States, the UK (which was added to the list with an amendment in 2019), Switzerland, Guernsey, Jersey, the Isle of Man, the Faroe Islands, Canada (only for the private sector), Andorra, New Zealand, Uruguay, and Israel (only in relation to the data handled automatically). It is reported that, in 2025, Argentina formally recognised the United States as an adequate jurisdiction under Argentine law for the purposes of cross-border data transfers, including those involving personal data. Under Art. 1, for transfers to non-adequate jurisdictions, the standard contractual clauses approved by the "Agencia de Acceso a la Información Pública" (AAIP) must be implemented. Complementary regulations provide additional mechanisms for lawful transfers. Regulation No. 198/2023 recognises the Ibero-American Network’s standard contractual clauses as valid safeguards, while Regulation No. 159/2018 establishes requirements for binding corporate rules (BCRs) applicable to intra-group transfers to non-adequate jurisdictions.
Coverage Horizontal
Sources
- https://web.archive.org/web/20250913035430/https://servicios.infoleg.gob.ar/infolegInternet/anexos/60000-64999/64790/texact.htm
- https://web.archive.org/web/20250913042512/https://servicios.infoleg.gob.ar/infolegInternet/anexos/70000-74999/70368/norma.htm
- https://web.archive.org/web/20250913044742/https://servicios.infoleg.gob.ar/infolegInternet/anexos/265000-269999/267922/norma.htm
- https://web.archive.org/web/20250913045043/https://servicios.infoleg.gob.ar/infolegInternet/anexos/320000-324999/320275/norma.htm
- https://web.archive.org/web/20250913051300/https://servicios.infoleg.gob.ar/infolegInternet/anexos/315000-319999/317228/norma.htm
- https://web.archive.org/web/20250913051308/https://servicios.infoleg.gob.ar/infolegInternet/anexos/315000-319999/317228/res159.pdf
- https://web.archive.org/web/20250913053253/https://www.boletinoficial.gob.ar/detalleAviso/primera/296189/20231018
- https://web.archive.org/web/20250913042927/https://www.linklaters.com/en/insights/data-protected/data-protected---argentina
- https://www.dataguidance.com/notes/argentina-data-protection-overview
- https://web.archive.org/web/20260112195640/https://www.whitehouse.gov/briefings-statements/2025/11/joint-statement-on-framework-for-a-united-states-argentina-agreement-on-reciprocal-trade-and-investme...
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ARGENTINA
Signed in November 2017, entry into force in May 2019
Signed in April 2021, entry into force in October 2024
Signed in April 2021, entry into force in October 2024
Pillar Cross-border data policies |
Indicator Participation in trade agreements committing to open cross-border data flows
Trade Agreement between the Argentine Republic and the Republic of Chile (Acuerdo Comercial entre la República Argentina y la República de Chile)
Mercosur Agreement on Electronic Commerce (Acuerdo sobre Comercio Electrónico del Mercosur)
Mercosur Agreement on Electronic Commerce (Acuerdo sobre Comercio Electrónico del Mercosur)
Argentina has joined agreements with binding commitments to open transfers of data across borders. According to the Art. 11.6 of the Trade Agreement between the Argentine Republic and the Republic of Chile, the Parties recognise that each Party may have its own regulatory requirements on the transfer of information by electronic means. Each Party shall permit the cross-border transfer of information by electronic means, where such activity is for the conduct of the business of a person of a Party. The Parties may establish restrictions on the cross-border transfer of information by electronic means to achieve a legitimate public policy objective, provided that the measure is not applied in a manner that would constitute a means of arbitrary or unjustifiable discrimination or a disguised restriction on trade.
In addition, Art. 7.2 of the Mercosur Agreement on Electronic Commerce stipulates that each Member State shall permit the cross-border transfer of information through electronic means, provided that such transfer is undertaken for the purpose of carrying out the commercial activities of a person or entity belonging to a Member State.
In addition, Art. 7.2 of the Mercosur Agreement on Electronic Commerce stipulates that each Member State shall permit the cross-border transfer of information through electronic means, provided that such transfer is undertaken for the purpose of carrying out the commercial activities of a person or entity belonging to a Member State.
Coverage Horizontal
Sources
- https://web.archive.org/web/20241213123802/https://www.unilu.ch/fileadmin/fakultaeten/rf/burri/TAPED/TAPED_Burri_Vasquez_Kugler_November_2024.xlsx
- http://www.sice.oas.org/Trade/ARG_CHL/ARG_CHL_text_s.asp#C11_A6
- https://www.mercosur.int/documento/acuerdo-sobre-comercio-electronico-del-mercosur/
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ARGENTINA
Since October 2000
Since November 2001
Since November 2001
Pillar Domestic data policies |
Indicator Framework for data protection
Personal Data Protection Act, Act No. 25.326 of 2000 (Ley No. 25.326 - Protección de los Datos Personales)
Decree No. 1558/2001 Regulating Law No. 25.326 (Decreto No. 1558/2001 - Reglamentación de la Ley No. 25.326)
Decree No. 1558/2001 Regulating Law No. 25.326 (Decreto No. 1558/2001 - Reglamentación de la Ley No. 25.326)
The Personal Data Protection Act, together with Decree No. 1558/2001, establishes a comprehensive framework for data protection in Argentina. This legislative regime applies to both public and private entities and governs processing activities conducted within Argentine territory. The Act delineates lawful bases for processing, including consent and contractual arrangements with data subjects. Also, it imposes specific obligations on controllers and processors, such as breach notification requirements and the mandatory registration of databases with the National Registry of Personal Databases, administered by the Argentine data protection authority (AAIP). The AAIP functions as the supervisory authority under the Act and demonstrates considerable regulatory activity, frequently issuing resolutions that interpret the legislation and provide compliance guidance.
Coverage Horizontal
Sources
- https://web.archive.org/web/20260113010852/https://www.argentina.gob.ar/normativa/nacional/ley-25326-64790/actualizacion
- https://web.archive.org/web/20260113011743/https://www.argentina.gob.ar/normativa/nacional/decreto-1558-2001-70368/actualizacion
- https://www.dataguidance.com/jurisdictions/argentina
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ARGENTINA
Since January 2020
Pillar Domestic data policies |
Indicator Requirement to perform a Data Protection Impact Assessment (DPIA) or have a data protection officer (DPO)
Guide on Data Protection Impact Assessments (Guía de Evaluación de Impacto en la Protección de Datos)
Page 5 of the Guide on Data Protection Impact Assessments provides that it is a mandatory requirement for both controllers and processors to undertake a data protection impact assessment.
Coverage Horizontal
ARGENTINA
N/A
Pillar Intermediary liability |
Indicator Safe harbour for intermediaries for copyright infringement
Lack of intermediary liability framework in place for copyright infringements
A basic legal framework on intermediary liability for copyright infringement is absent in Argentina's law and jurisprudence. However, certain Argentine Civil Code and Intellectual Property Law articles are used as references for court cases and decisions. For example, in some cases the courts have found that ISPs are only liable if they have acted with ‘malice or negligence’ (see Rodríguez v. Google in 2014). Courts have developed a series of tests in specific cases that provide some minimal protection.
Coverage Internet intermediaries
ARGENTINA
N/A
Pillar Intermediary liability |
Indicator Safe harbour for intermediaries for any activity other than copyright infringement
Lack of intermediary liability framework in place beyond copyright infringement
A basic legal framework on intermediary liability beyond copyright infringement is absent in Argentina's law and jurisprudence. However, certain articles of the Argentine Civil Code and Intellectual Property Law are used as references for court cases and decisions. For example, in some cases, the courts have found that ISPs are only liable if they have acted with ‘malice or negligence’ (see Rodríguez v. Google in 2014). Courts have developed a series of tests in specific cases that provide some minimal protection.
Coverage Internet intermediaries
ARGENTINA
Since December 2016, last amended in December 2024
Pillar Intermediary liability |
Indicator User identity requirement
Regulation for the Collection of Personal Data and Identity Validation of Users of Mobile Services that Hold a Mobile Number (Reglamento para la Nominatividad y Validación de Identidad de los Usuarios Titulares de los Servicios de Comunicaciones Móviles)
Art. 3 of the "Regulation for the Collection of Personal Data and Identity Validation of Users of Mobile Services that Hold a Mobile Number" requires mobile communication service providers to establish a system for the nomination and verification of registered users’ identities, either in person or remotely, by the providers themselves or through authorised third parties, in accordance with the Regolution’s provisions governing registration. In addition, Art. 7 mandates that, for identity validation, whether conducted remotely or at customer service centres, providers must request the individual’s national identity card and gender and implement appropriate mechanisms to verify these details prior to activating the service.
Coverage Mobile communication service providers
ARGENTINA
Since July 1994, last amended in April 2025
Pillar Quantitative trade restrictions for ICT goods and online services |
Indicator Import ban applied on ICT goods or online services
Resolution No. 909/1994 (Resolución No. 909/1994)
Under Art. 4 of Resolution No. 909/1994, the importation for consumption of used goods listed in Annex II is temporarily prohibited. Annex II, as amended before its replacement in April 2025, included specified ICT goods, including telecommunications and network equipment, data-storage media, monitors and other display equipment, electronic components, including integrated circuits, insulated cables and optical-fibre products. Decree No. 273/2025 replaced Annex II with a revised list that retains specified ICT goods, including fixed and mobile telephone apparatus, smartphones, certain data-storage media, monitors and display equipment. Parts and pieces intended to be incorporated into goods whose importation is permitted are exempt, subject to the applicable customs declaration.
Coverage ICT goods, including telecom/network equipment, audio-video electronics, data-storage media, monitors/screens, electronic components (incl. chips), cables, and optical/fibre-related items.
ARGENTINA
Since July 1998
Pillar Telecom infrastructure & competition |
Indicator Signature of the WTO Telecom Reference Paper
WTO Telecom Reference Paper
Argentina has appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector
ARGENTINA
Reported in 2017, last reported in 2024
Pillar Telecom infrastructure & competition |
Indicator Presence of an independent telecom authority
Presence of an independent telecom authority
It is reported that the "Ente Nacional de Comunicaciones" (ENACOM), the executive authority for the supervision and administration of services in the telecommunications sector, is independent from the government in the decision-making process.
Coverage Telecommunications sector
